Bechan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22910 of 2016 Arising out of PS.Case No. -139 Year- 2014 Thana -BAKHRI District- BEGUSARAI ====================================================== Bechan Bind, Son of Late Shankar Bind, resident of Village - Parihara, Police Station - Bakhri (Parihara), District - Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar, Advocate. For the Opposite Party : Mr. Ashok Kr. Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 02.07.2014 in connection with Sessions Trial No. 267 of 2015, arising out of Bakhri (Parihara) P.S. Case No. 139 of 2014 for the offences instituted under Sections 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 07.05.2014 at 1.00 P.M., all the accused persons including the petitioner surrounded the husband of the informant, dragged to Khalifa Baba Asthan. It is alleged that all the miscreants shot fire upon her husband and after firing they all fled away.

This is the third attempt on behalf of the petitioner for grant of bail.

Earlier bail application of the petitioner was rejected

Patna High Court Cr.Misc. No.22910 of 2016 (4) dt.24-08-2016 2/2 vide Annexure-1 to the present application.

A report was called for from the court below regarding the stage of the case. The same is kept at Flag-'A'. It has been reported that charge has yet not been framed but the trial will be concluded within a period of six months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 267 of 2015, arising out of Bakhri (Parihara) P.S. Case No. 139 of 2014, pending in the court of the learned Additional Sessions Judge-II, Begusarai. Anyhow, the court below is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of copy of the order.

The District Magistrate, Begusarai, and the Superintendent of Police, Begusarai, are directed to take all necessary steps to ensure that the witnesses are produced in the court on the date fixed by the court below so that the trial could be concluded within the stipulated period as indicated above. Let a copy of this order be communicated to the District Magistrate, Begusarai and the Superintendent of Police, Begusarai.

U.K./- (Sudhir Singh, J) U T